Can a HOA limit the number of occupants without violating Fair Housing Act?

Real Estate Agent with Keller Williams

A young family with one child and two infant twins, recently submitted a full price offer on an all ages condo. I represent the seller - a single woman. She accepted the offer. We had ordered a copy of the condo rules & regulations when we took the listing and the management company was tardy in getting us a copy. In the mean-time the condo went under contract, title was ordered, deposits paid and the whole mortgage process set in motion. Neither the buyers agent nor myself foresaw any problems as they were a good family with excellent credit, jobs and a strong pre-approval. When we finally got the condo rules, we noticed that the board had instituted a new rule limiting the number of occupants to a maximium of 4 per unit. Our buyers were over the limit courtesy of their twin infants!  To make matters worse, the new Condo rule took effect approximately 1 week prior to our effective date. 

We appealed to the Condo board but they said they were not prepared to grant an exception. My question is this- is it legal in terms of the Fair Housing Act, to deny an application based on familial status?

Comments (2)

William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

I would be treading lightly    on this  until I found out for sure

Jun 21, 2018 07:09 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

I'm curious to know the correct answer to this also. Have you checked with an attorney?

Jun 22, 2018 12:24 AM